Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 22735 

Final Report’’ for the Virgil C. Summer 

Nuclear Station, Units 2 and 3, 

Combined Licenses application. 

The Draft EIS was published in April 

2010; a notice of availability appeared 

in the Federal Register on April 23, 

2010 (75 FR 21368). The purpose of this 

notice is to inform the public that the 

final EIS is available for public 

inspection. The final EIS may be viewed 

online at: http://www.nrc.gov/readingrm/doc-collections/nuregs/staff/sr1939/. 

In addition, the final EIS is available for 

inspection in the NRC Public Document 

Room (PDR) located at One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852 or from NRC’s 

Agencywide Documents Access and 

Management System (ADAMS). ADAMS 

is accessible from the NRC Web site at 

http://www.nrc.gov/reading-rm/

adams.html. The ADAMS accession 

numbers for the final EIS are 

ML11098A044 and ML11098A057. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the PDR 

reference staff by telephone at 1–800– 

397–4209 or 1–301–415–4737 or by email at pdr.resource@nrc.gov. The 

Fairfield County Library, located at 300 

Washington Street, Winnsboro, South 

Carolina has also agreed to make the 

final EIS available to the public. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Patricia Vokoun, Environmental Projects 

Branch 2, Office of New Reactors, U.S. 

Nuclear Regulatory Commission, Mail 

Stop T7–E30, Washington, DC 20555– 

0001. Ms. Vokoun may be contacted by 

telephone at 301–415–3470 or via e-mail 

to Patricia.Vokoun@nrc.gov. 

Dated at Rockville, Maryland, this 15th day 

of April 2011. 

For the Nuclear Regulatory Commission. 

Gregory Hatchett, 

Acting Deputy Director, Division of Site and 

Environmental Reviews, Office of New 

Reactors. 

[FR Doc. 2011–9834 Filed 4–21–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–3098; NRC–2011–0081] 

Shaw AREVA MOX Services, Mixed 

Oxide Fuel Fabrication Facility; 

License Amendment Request, Notice 

of Opportunity To Request a Hearing 

and To Petition for Leave To Intervene, 

and Order Imposing Procedures for 

Access to Sensitive Unclassified NonSafeguards Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

request, opportunity to comment, 

opportunity to request a hearing, and 

Commission order. 

DATES: Requests for a hearing or leave to 

intervene must be filed by June 21, 

2011. Any potential party as defined in 

Title 10 of the Code of Federal 

Regulations (10 CFR) 2.4 who believe 

access to sensitive unclassified nonsafeguards information (SUNSI) is 

necessary to respond to this notice must 

request document access by May 2, 

2011. 

ADDRESSES: Please include Docket ID 

NRC–2011–0081 in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

posted on the U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

Web site and on the Federal rulemaking 

Web site, http://www.regulations.gov. 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. You may submit 

comments by any one of the following 

methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2011–0081. Address questions 

about NRC dockets to Carol Gallagher, 

telephone: 301–492–3668; e-mail: 

Carol.Gallagher@nrc.gov. 

• Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

• Fax comments to: RADB at 301– 

492–3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available electronically at the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/adams.html. 

From this page, the public can gain 

entry into ADAMS, which provides text 

and image files of the NRC’s public 

documents. If you do not have access to 

ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC’s PDR 

reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. The request to 

amend the Construction Authorization 

is available electronically under 

ADAMS Accession Number 

ML110390535. 

• Federal Rulemaking Web site: 

Public comments and supporting 

materials related to this notice can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2011– 

0081. 

FOR FURTHER INFORMATION CONTACT: 

David Tiktinsky, Senior Project 

Manager, Mixed Oxide and Uranium 

Deconversion Branch, Division of Fuel 

Cycle Safety and Safeguards, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Mail Stop EBB2–C40M, Washington, DC 

20555–0001, telephone: 301–492–3229; 

fax number: 301–492–3363; e-mail: 

David.Tiktinsky@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC has received, by letter dated 

February 8, 2011, an amendment 

request from Shaw AREVA MOX 

Services for an amendment to the 

Construction Authorization No. 

CAMOX–001 for the Mixed Oxide Fuel 

Fabrication Facility currently under 

construction on the Savannah River Site 

in Aiken, South Carolina. The CAMOX– 

001 authorizes the construction of a 

plutonium processing and fuel 

fabrication plant. Specifically, the 

amendment incorporates the design 

bases and commitments in the License 

mstockstill on DSKH9S0YB1PROD with NOTICES

22736 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 

Application into the Construction 

Authorization. 

An NRC administrative review found 

the application acceptable to begin a 

technical review. If the NRC approves 

the amendment, the approval will be 

documented in an amendment to NRC 

CAMOX–001. However, before reaching 

a decision on the proposed application, 

the NRC will need to make the findings 

required by the Atomic Energy Act of 

1954 (the Act), as amended, and the 

NRC’s regulations. These findings will 

be documented in a Safety Evaluation 

Report. This license amendment 

appears to qualify for a categorical 

exclusion at 10 CFR 51.22. 

II. Opportunity To Request a Hearing 

Requirements for hearing requests and 

petitions for leave to intervene are 

found in 10 CFR 2.309, ‘‘Hearing 

requests, petitions to intervene, 

requirements for standing, and 

contentions.’’ Interested persons should 

consult 10 CFR 2.309, which is available 

at the NRC’s PDR, located at O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852 (or call 

the PDR at 1–800–397–4209 or 301– 

415–4737). The NRC regulations are also 

accessible electronically from the NRC’s 

Electronic Reading Room on the NRC 

Web site at http://www.nrc.gov. 

III. Petitions for Leave To Intervene 

Any person whose interest may be 

affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written petition 

for leave to intervene. As required by 

10 CFR 2.309, a petition for leave to 

intervene shall set forth with 

particularity the interest of the 

petitioner in the proceeding and how 

that interest may be affected by the 

results of the proceeding. The petition 

must provide the name, address, and 

telephone number of the petitioner and 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the petitioner’s 

right under the Act to be made a party 

to the proceeding; (2) the nature and 

extent of the petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any order that may be entered in the 

proceeding on the petitioner’s interest. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the petitioner must provide 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinions which 

support the position of the petitioner 

and on which the petitioner intends to 

rely at hearing, together with references 

to the specific sources and documents 

on which the petitioner intends to rely. 

Finally, the petition must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact, including references to specific 

portions of the application for 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the petitioner’s 

belief. Each contention must be one 

that, if proven, would entitle the 

petitioner to relief. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Atomic Safety and Licensing Board 

(the Licensing Board) will set the time 

and place for any prehearing 

conferences and evidentiary hearings, 

and the appropriate notices will be 

provided. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Licensing Board or a presiding officer 

that the petition should be granted and/ 

or the contentions should be admitted 

based upon a balancing of the factors 

specified in 10 CFR 2.309(c)(1)(i)–(viii). 

A State, county, municipality, 

Federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

party under 10 CFR 2.309(d)(2). The 

petition should state the nature and 

extent of the petitioner’s interest in the 

proceeding. The petition should be 

submitted to the Commission by June 

21, 2011. The petition must be filed in 

accordance with the filing instructions 

in Section IV of this document, and 

should meet the requirements for 

petitions for leave to intervene set forth 

in this section, except that State and 

Federally-recognized Indian Tribes do 

not need to address the standing 

requirements in 10 CFR 2.309(d)(1) if 

the facility is located within its 

boundaries. The entities listed above 

may also seek to participate in a hearing 

as a nonparty pursuant to 10 CFR 

2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission to 

make a limited appearance pursuant to 

the provisions of 10 CFR 2.315(a). A 

person making a limited appearance 

may make an oral or written statement 

of position on the issues, but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to such 

limits and conditions as may be 

imposed by the Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by June 21, 

2011. 

IV. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the Internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to request (1) a digital 

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

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Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 22737 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in the 

NRC’s ‘‘Guidance for Electronic 

Submission,’’ which is available on the 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/esubmittals.html. Participants may 

attempt to use other software not listed 

on the Web site, but should note that the 

NRC’s E-Filing system does not support 

unlisted software, and the NRC Meta 

System Help Desk will not be able to 

offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through the Electronic 

Information Exchange System, users 

will be required to install a Web 

browser plug-in from the NRC Web site. 

Further information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852, Attention: Rulemaking 

and Adjudications Staff. Participants 

filing a document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd1.nrc.gov/EHD/, unless excluded 

pursuant to an order of the Commission, 

or the presiding officer. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

home phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

Petitions for leave to intervene must 

be filed no later than 60 days from April 

22, 2011. Non-timely filings will not be 

entertained absent a determination by 

the presiding officer that the petition or 

request should be granted or the 

contentions should be admitted, based 

on a balancing of the factors specified in 

10 CFR 2.309(c)(1)(i)–(viii). 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI). 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request such access. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI 

submitted later than 10 days after 

publication will not be considered 

absent a showing of good cause for the 

late filing, addressing why the request 

could not have been filed earlier. 

C. The requester shall submit a letter 

requesting permission to access SUNSI 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Associate 

General Counsel for Hearings, 

Enforcement and Administration, Office 

of the General Counsel, Washington, DC 

20555–0001. The expedited delivery or 

courier mail address for both offices is: 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The e-mail address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

mstockstill on DSKH9S0YB1PROD with NOTICES

22738 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 

1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the 

initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

2Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must 

be filed with the Presiding Officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

3Requesters should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007) apply to appeals of NRC 

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI request 

submitted to the NRC staff under these procedures. 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); and 

(3) The identity of the individual or 

entity requesting access to SUNSI and 

the requester’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly-available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention. 

D. Based on an evaluation of the 

information submitted under Paragraph 

C.(3) the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

requestor satisfies both D.(1) and D.(2) 

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requestor no 

later than 25 days after the requestor is 

granted access to that information. 

However, if more than 25 days remain 

between the date the petitioner is 

granted access to the information and 

the deadline for filing all other 

contentions (as established in the notice 

of hearing or opportunity for hearing), 

the petitioner may file its SUNSI 

contentions by that later deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff either after 

a determination on standing and need 

for access, or after a determination on 

trustworthiness and reliability, the NRC 

staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) The requester may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: 

(a) The presiding officer designated in 

this proceeding; (b) if no presiding 

officer has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an administrative law judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

H. Review of Grants of Access. A 

party other than the requester may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed with the Chief 

Administrative Judge within 5 days of 

the notification by the NRC staff of its 

grant of access. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.3

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR part 2. 

Attachment 1 to this Order summarizes 

the general target schedule for 

processing and resolving requests under 

these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 18th day 

of April 2011. 

For the Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Attachment 1—General Target 

Schedule for Processing and Resolving 

Requests for Access to Sensitive 

Unclassified Non-Safeguards 

Information in This Proceeding 

Day Event/activity 

0 ......................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ....................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: 

Supporting the standing of a potential party identified by name and address; describing the need for the information in 

order for the potential party to participate meaningfully in an adjudicatory proceeding. 

60 ....................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

20 ....................... Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access 

provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs 

any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing 

(preparation of redactions or review of redacted documents). 

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Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Notices 22739 

1Notice of the United States Postal Service of 

Market Test of Experimental Product—Mail Works 

Guarantee, April 15, 2011 (Notice). 

2Among the group of companies that spend $250 

million annually on advertising, postage represents 

less than 0.36 percent of total advertising spending. 

Day Event/activity 

25 ....................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling 

to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief 

Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any 

party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information 

to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

80 ....................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

90 ....................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 

A ........................ If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access 

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a 

final adverse determination by the NRC staff. 

A + 3 .................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. 

A + 28 ................ Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days 

remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as

established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later 

deadline. 

A + 53 ................ (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. 

A 60 ................... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

> A + 60 ............. Decision on contention admission. 

[FR Doc. 2011–9831 Filed 4–21–11; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. MT2011–4; Order No. 717] 

Postal Service Market Test 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service proposal to 

conduct a limited market test involving 

a postage-refund guarantee for certain 

senders of First-Class Mail and Standard 

Mail. This document describes the 

proposed test, addresses procedural 

aspects of the filing, and invites public 

comment. 

DATES: Comment deadline: April 29, 

2011; reply comment deadline: May 6, 

2011. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Background. On April 15, 2011, the 

Postal Service filed a Notice, pursuant 

to 39 U.S.C. 3641, announcing its intent 

to conduct a test of an experimental 

market dominant product identified as 

Mail Works Guarantee.1 The Postal 

Service asserts that the test offers the 

potential for it to tap a greater share of 

advertising media expenditures, while 

offering participating mailers the 

possibility of postage refunds if 

qualifying advertising campaigns 

(consisting of First-Class or Standard 

Mail) are not successful. Id. at 1. 

Terms duration. The test will initially 

be offered to 16 companies who spend 

at least $250 million annually on 

advertising, but do not include mail as 

a large part of their advertising mix.2 Id. 

at 1. The test may be expanded to 

include more mailers. Id. at 7. The 

Postal Service and each participant will 

jointly develop a set of unique metrics 

for purposes of evaluating the success of 

a test Direct Mail campaign, along with 

a mutually agreed upon percentage 

increase in the unique metric that will 

serve as the basis for determining a 

campaign’s success. Id. at 2. Each 

participant will be expected to mail a 

minimum of 500,000 pieces up to a 

maximum of 1 million pieces of FirstClass Mail or Standard Mail. Id. The test 

will begin on or shortly after May 16, 

2011 and continue for up to 2 years. Id. 

at 6. 

Refunds. In the event a campaign does 

not meet established metrics, as verified 

by a Postal Service representative, the 

Postal Service will provide a refund of 

postage paid during the market test, up 

to a total of $250,000, in the form of a 

credit to the appropriate Centralized 

Account Payment System account. 

Production and printing costs for the 

campaign are not refundable. Id. at 

2–3. 

Consistency with statutory criteria. 

The Notice addresses why the Postal 

Service believes the market test satisfies 

the section 3461 criteria for market tests, 

including why it is a significantly 

different product and is unlikely to 

cause disruption within the advertising 

mail market. Id. at 3–5. It also discusses 

why the Postal Service believes the test 

complies with 39 U.S.C. 403, which 

prohibits undue discrimination against 

(or an undue preference for) any mailer 

and is correctly characterized as a 

market dominant product. Id. at 5. 

Volume and revenue; data collection. 

Exact volumes and revenues for Mail 

Works Guarantee will depend on 

customer participation and the amount 

of mail each customer enters under the 

test. At a maximum, the Postal Service 

anticipates that the test, as currently 

structured, can generate no more than 

16 million new pieces and therefore no 

more than $10,000,000 in any fiscal 

year. Id. at 6. The Postal Service has 

prepared a data collection plan and says 

it can report the results to the 

Commission upon request. Id. 

Docket information. The Commission 

establishes Docket No. MT2011–4 for 

consideration of matters this Notice 

raises. It encourages interested persons 

to review the Notice for additional 

details. It also invites interested persons 

to submit comments on whether the 

Postal Service’s filing in the captioned 

docket is consistent with the policies of 

39 U.S.C. 3641. Comments are due no 

later than April 29, 2011. Reply 

comments are due no later than May 6, 

2011. The filing can be accessed via the 

Commission’s Web site (http:// 

mstockstill on DSKH9S0YB1PROD with NOTICES